Federal Communications Commission DA 07-1793 Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of Amendment of Section 73.202(b), Table of Allotments, FM Broadcast Stations. (Meeteetse, Wyoming, Fruita, Colorado, Ashton, Burley, Dubois, Idaho Falls, Pocatello, Rexburg, Shelley, Soda Springs, and Weston, Idaho, Lima, Montana, American Fork, Ballard, Brigham City, Centerville, Delta, Huntington, Kaysville, Logan, Manti, Milford, Naples, Oakley, Orem, Price Randolph, Roosevelt, Roy, Salina, South Jordan, Spanish Fork, Vernal, Wellington, and Woodruff, Utah, Diamondville, Evanston, Kemmerer, Marbleton, Superior, Thayne, and Wilson, Wyoming)1 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) MB Docket No. 05-243 RM-11363 RM-11364 RM-11365 ORDER TO SHOW CAUSE Adopted: April 18, 2007 Released: April 20, 2007 Comment Date: May 21, 2007 By the Assistant Chief, Audio Division, Media Bureau: 1. The Audio Division has before it a counterproposal filed jointly by Sand Hill Media Corporation, licensee of Station KADQ-FM, Channel 232C2, Rexburg, Idaho and Sandhill Media Group, LLC, license of Station KUPI-FM, Channel 256C1, Idaho Falls, Idaho (jointly “SHM”), in response to the Notice of Proposed Rule Making.2 The Joint Parties requested the issuance of this Order to Show Cause directed at Brigham Young University - Idaho (“Brigham Young”), licensee of Station KBYI(FM), Channel 263C1, Rexburg, Idaho. 2. SHM filed a timely counterproposal in response to the Notice’s proposed substitution of Channel 259C for Channel 273C at Meeteetse, Wyoming. The counterproposal requested the allotment of Channel 262C2 at Lima, Montana, as its first local service; the substitution of Channel 232C1 for 1 Fruita, Colorado, Ashton, Burley, Dubois, Idaho Falls, Pocatello, Rexburg, Shelley, Soda Springs, and Weston, Idaho, Lima, Montana, American Fork, Ballard, Brigham City, Centerville, Delta, Huntington, Kaysville, Logan, Manti, Milford, Naples, Oakley, Orem, Price, Randolph, Roosevelt, Roy, Salina, South Jordan, Spanish Fork, Vernal, Wellington, and Woodruff, Utah, Diamondville, Evanston, Kemmerer, Marbleton, Superior, Thayne, and Wilson, Wyoming have been added to the caption. See Public Notice, Report No. 2809, released March 28, 2007; see also Public Notice, Report No. 2808, released March 28, 2007 and Public Notice, Report No. 2811, released April 2, 2007. 2 See Meeteetse, Wyoming, Notice of Proposed Rule Making, 20 FCC Rcd 12967 (MB 2005) (“Notice”). Federal Communications Commission DA 07-1793 2 Channel 263C1 at Rexburg, Idaho, and modification of the Station KBYI(FM) license;3 the substitution Channel 233C0 for Channel 233C at Logan, Utah, and modification of Station KVFX(FM) license to reflect this change; the substitution of Channel 256C2 for Channel 232C2 at Rexburg, Idaho, and modification of the Station KADQ-FM license; the substitution of Channel 263C1 for Channel 256C1 at Idaho Falls, Idaho, and modification of the Station KUPI-FM license; and the substitution of Channel 260C3 for Channel 261C2 at Soda Springs, Idaho, and reallotment of Channel 260C3 from Soda Springs, Idaho to Wilson, Wyoming, as its first local service, and modification of the Station KITT(FM) license.4 The counterproposal also proposed the allotment of Channel 282C instead of the proposed Channel 259C at Meeteetse, Wyoming to remove the conflict with the Notice’s proposal. 3. Section 316(a) of the Communications Act of 1934, as amended,5 permits us to modify the license or construction permit if such action is in the public interest. The Act requires that we notify the affected station of the proposed action, the public interest reasons for the action, and afford at least 30 days to respond. This procedure is now set forth in Section 1.87 of the Commission’s Rules.6 We find that the SHM counterproposal has sufficient public interest benefits to justify the issuance of a show cause order. Therefore, we are issuing this Order to Show Cause directed to Brigham Young requesting the licensee to show cause why Station KBYI(FM), Channel 263C1, Rexburg, Idaho should not be modified to specify Channel 232C1 as proposed herein. 4. SHM states that they will reimburse Brigham Young for the reasonable costs incurred in connection with the proposed channel changes, respectively, for Station KBYI(FM) consistent with the Circleville policy.7 5. Accordingly, IT IS ORDERED, That pursuant to the Act, Brigham young University - Idaho, licensee of Station KBYI(FM), Rexburg, Idaho, SHALL SHOW CAUSE why its license should not be modified to specify operation on Channel 232C1 in lieu of Channel 263C1. 6. Pursuant to Section 1.87 of the Communications Rules, the above affected licensee may, no later than May 21, 2007, file a written statement showing with particularity why the station’s license should not be modified as proposed in this Order to Show Cause. The Commission may call upon the affected licensee herein to furnish additional information. If the affected licensee raises any substantial and material questions of fact, a hearing may be required to resolve such questions of fact pursuant to Section 1.87 of the Rules. Upon review of the statements and/or additional information furnished, the Commission may grant the modification, deny the modification, or set the matter of modification for hearing. If no written statement is filed by the date referred to above, the licensee will be deemed to have consented to the modification as proposed in this Order to Show Cause and a final Order will be issued if the modification is found to be in the public interest. 3 The license of Station KBYI(FM) at Rexburg, Idaho can be modified to specify operation on Channel 232C1 in lieu of Channel 263C1 at the station’s current authorized transmitter site. See File No. BLED-19980722KA. The licensed coordinates for Station KBYI(FM) at Rexburg are 43-45-44 NL and 111-57-30 WL. 4 SHM filed a minor amendment, requesting a new transmitter site for Channel 263C1 at Idaho Falls, Idaho, which eliminates the need for Station KITT(FM) to change its channel and community of license to accommodate the proposed substitution of Channel 263C1 at Idaho Falls, Idaho. 5 47 U.S.C. § 316(a) (the “Act”). 6 See Modification of FM and Television Licenses Pursuant to Section 316 of the Communications Act, Order, 2 FCC Rcd 3327 (1987). 7 See Circleville, Ohio, Memorandum Opinion and Order, 8 FCC 2d 159 (1967). Federal Communications Commission DA 07-1793 3 7. IT IS FURTHER ORDERED, that a copy of this Order to Show Cause shall be sent BY CERTIFIED MAIL, RETURN RECEIPT REQUESTED, to the following: Brigham Young University – Idaho Spori Building, Room 243 Rexburg, Idaho 83460 Christopher D. Ornelas Wilkinson Barker Knauer, LLP Counsel for Brigham Young University - Idaho 2300 N Street, N.W., Suite 700 Washington, D.C. 20037 8. For further information concerning this proceeding, contact Rolanda F. Smith, Media Bureau, (202) 418-2180. FEDERAL COMMUNICATIONS COMMISSION John A. Karousos Assistant Chief Audio Division Media Bureau